TERMS OF USE
Welcome to www.certiform.org (the “Website”). This Website is provided by Certiform Limited (“Certiform”). Please read the following terms of use carefully as they apply to your use of this Website. Please note that your use of the Website constitutes your unconditional agreement to follow and be bound by these Terms of Use.
1. OWNERSHIP OF WEBSITE MATERIALS
The Website together with all information, data, text, software, sounds, photographs, graphics, images, videos or other materials contained in or made available on this Website (“Materials”) are property of Certiform or its licensors. Certiform or its licensors own all intellectual property rights in the Materials.
You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the content of the Website (“Content”) and the Materials, in whole or in part. You may only download such part of the Content as is expressly permitted to be downloaded from this Website for the use specified and for your personal use only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms of Use.
Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
2. DISCLAIMERS & LIMITATION OF LIABILITY
THIS WEBSITE IS PROVIDED BY CERTIFORM ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER CERTIFORM NOR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE CONTENT OR ANY SERVICE OR PRODUCT WHICH MAY FROM TIME TO TIME BE AVAILABLE FOR PURCHASE (“PRODUCT”) INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CERTIFORM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES AS TO:
a. THE AVAILABILITY OF THE WEBSITE OR THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED;
b. THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY CONTENT ON THE WEBSITE;
c. THE MERCHANTABILITY, STANDARD OF QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PRODUCT AVAILABLE ON THIS WEBSITE;
d. THE USE OR EXERCISE OF REASONABLE CARE AND SKILL IN PROVIDING OR DELIVERING ANY SERVICES ON OR THROUGH THE WEBSITE OR THE TIMELINESS OF SERVICES OFFERED OR PROVIDED ON THE WEBSITE;
e. NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; OR
f. THE WEBSITE BEING FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.
CERTIFORM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE WEBSITE OR OTHERWISE, IS RE-PERFORMANCE OF DEFECTIVE SERVICES IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. CERTIFORM’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. CERTIFORM DO NOT ENDORSE, WARRANT OR GUARANTEE ANY MATERIAL, PRODUCT OR SERVICE OFFERED THROUGH CERTIFORM OR THIS WEBSITE. CERTIFORM IS NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
You will exercise and rely solely on your own judgment in using the Website or purchasing the Products. In no event shall Certiform be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, the Website, the Product even if Certiform has been advised of the possibility of such damages.
The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
Certiform makes no representation that the Materials are appropriate or available for use in any other jurisdictions, and accessing the Website from locations where its operation are illegal is prohibited. Those who access this Website from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules.
3. CHANGE OF TERMS
Certiform may amend these Terms of Use from time to time in Certiform’s sole discretion without notice or liability to you. By continuing to use the Website following such amendments to the Terms of Use, you agree to be bound by such amendments.
4. INDEMNITY
You agree to defend, indemnify and hold us and Certiform harmless from and against all liabilities, damages, claims, actions, costs and expenses (including without limitation legal fees), in connection with or arising from your breach of any of these Terms of Use and/or your use of the Website. Certiform may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect Certiform’s rights or obligations shall be made without Certiform’s prior written approval. Certiform reserves the right, at Certiform’s own expense and on notice to you, to assume exclusive defence and control of any claim or action.
5. TERMINATION
These Terms of Use are effective unless and until terminated by either you or Certiform. You may terminate this Agreement at any time, provided that you discontinue any further use of this Website. Certiform also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, if in Certiform’s sole discretion you fail to comply with any term of this Terms of Use. Upon any termination of the Agreement by either you or Certiform, you must promptly destroy all materials obtained from this Website, as well as all copies of such materials.
6. GOVERNING LAW AND JURISDICTION
These Terms of Use shall be governed by the law of the Hong Kong Special Administrative Region. You agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
